Section 84 Plea Trap in Practice
crpc_bnss du_llb beginner trick_questionOkay so you think you know Section 84 of IPC, right? "Act of a person of unsound mind" is a total get-out-of-jail-free card, especially for those with mental health issues. BUT, here's the tricky part - the person has to be actually of unsound mind at the time of committing the offence. The key word is 'actually'!
Most students mess up this one because they think a diagnosis of mental illness by a doctor is enough to prove unsoundness of mind. NOT TRUE! The court needs solid proof that the accused was of unsound mind at the time of committing the crime, which is not always easy to establish.
Take the famous case of Mithu vs State of Punjab (1983) for example. The accused was diagnosed with schizophrenia, but it was not established that he was of unsound mind when he committed the murder.
Bhai, don't get carried away with Sec 84 plea trap. It's a complex area, ja? Essentially, it's about proving the accused was insane at the time of committing the crime, not at the time of the trial. Insanity defence is a tough burden to meet, requires solid medical evidence & expert testimony. Be prepared to face tough questions from the judge, especially on mens rea & the test of 'M'Naglen'.